Delay in the commencement of the Consumer Protection Act
28/09/2010

On 23 September 2010, Mr. Rob Davies, the Minister of Trade and Industry, issued a notice in terms of which the general effective date of the Consumer Protection Act will be deferred until 31 March 2011, on the basis that additional time is required for adequate preparation of the administrative systems necessary to ensure efficient and effective implementation.

The Minister’s move was widely expected as key positions such as the Commissioner and the Deputy Commissioner for the National Consumer Commission has not been filled. Much awaited regulations have not been published.

Although the business community will have an additional six months to prepare for the far reaching consequences of the Act, it must be borne in mind that the provisions relating to strict liability will apply to goods which have been supplied on or after 24 April 2010. The upshot is that a consumer will, as soon as the relevant provisions come into force (i.e. on 31 March 2011), be able to complain with the National Consumer Commission in respect of harm suffered in terms of the provisions, in respect of goods that were supplied on or after 24 April 2010.
Jac Marais
Senior Associate
jac-m@adamsadams.co.za